(iii) Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the rights in § 300.512 apply; (iv) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official; (v) Make an independent decision on

, to file a civil action, or, if the State has an explicit time limitation for bringing civil actions under Part B of the Act, in the time allowed by that State law. (c) Additional requirements. In any action brought under paragraph (a) of this section, the court— (1) Receives the

section will be enforced during all military onload and offload operations. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via actual notice on-scene during military onloads and offloads. (c) Regulations. (1) The safety zone is open to all persons and vessels for transitory use.

period. The security zone established by this section will be enforced only upon notice of the Captain of the Port New Orleans (COTP). In accordance with subpart A of this part, for each enforcement of the security zone established under this section, the COTP will publish a notice of enforcement in the Federal Register as early as is practicable. In addition, the COTP

his or her designated representative. (c) Authority. In addition to 46 U.S.C. 70034 and 46 U.S.C. 70051, the authority for this section includes

§ 668.234 Scope and purpose. This subpart establishes regulations that apply to an institution that offers prison education programs to confined or incarcerated individuals. A confined or incarcerated individual enrolled in an eligible prison education program is eligible for Federal financial assistance under the Federal Pell Grant program. Unless

§ 668.31 Scope. This subpart contains rules by which a student establishes eligibility for assistance under the title IV, HEA programs. In order to qualify as an eligible student, a student must meet all applicable requirements in this subpart. (Authority:

registered tons, carrying more than 12 passengers for hire. Designated representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels and Federal, State, and local officers designated by or assisting the Captain of the Port San Juan in the enforcement of the security zone.

46 U.S.C. 70034, the authority for this section includes 46 U.S.C. 70051. [CDG05–03–008,

§ 165.529 Safety Zone; Gallants Channel, Beaufort, NC. (a) Definitions. For the purposes of this section— Captain of the Port means the Commander, Coast Guard Sector North Carolina. Participant means an individual or

safety will not be prejudiced thereby. Vessels anchored in this area shall move promptly upon notification by the Captain of the Port. (2) In the Long Island Anchorage vessels shall anchor in the position designated by the Captain of the Port. (3) Floats or buoys for marking anchors or moorings in place will be allowed in all areas. Fixed mooring piles or stakes are prohibited. [CGFR 67–46,

§ 165.1419 Safety Zone; Apra Outer Harbor, Naval Base Guam. (a) Location. The following areas, within the U.S. Coast Guard Forces Micronesia/Sector Guam (COTP) Zone (See 33 CFR 3.70–15), all navigable waters on the surface and below the surface within 190 yards of the fireworks barge for Independence Day celebrations at Polaris Point

activity for which the waiver is sought can take place without undue risk to the remediation efforts described in paragraph (b)(1) of this section. The COTP will consult with EPA in making this determination when necessary and practicable. [USCG–2010–1145,

§ 183.558 Hoses and connections. (a) Each hose used between the fuel pump and the carburetor must be “USCG Type A1” hose. (b) Each hose used— (1) For a vent line or fill line must be: (i) “USCG Type A1” or “USCG Type

. A group health plan or health insurance issuer offering group health insurance coverage may provide greater rights to participants and beneficiaries than those set forth in this Subpart B. This Subpart B sets forth minimum requirements for group health plans and group health insurance issuers offering group health insurance coverage concerning certain consumer protections of the Health Insurance Portability and Accountability Act (HIPAA), including special enrollment periods and the

§ 570.59 Occupations involved in the operation of power-driven metal forming, punching, and shearing machines (Order 8). (a) Finding and declaration of fact. The following occupations are particularly hazardous for the employment of minors between 16 and 18 years of age:

establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. However, the programs or activities of entities that are licensed or certified by the agency are not, themselves, covered by this part. (c) The exclusion of individuals without disabilities from the benefits of a program limited by Federal statute or Executive order to individuals

symptoms of a chronic work-related illness, do I need to consider each recurrence of signs or symptoms to be a new case? No, for occupational illnesses where the signs or symptoms may recur or continue in the absence of an exposure in the workplace, the case must only be recorded once. Examples may include occupational cancer, asbestosis, byssinosis and silicosis. (2) When an employee experiences the signs or symptoms of an injury

Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending 2 years after such date, by rule promulgate as an occupational safety or health standard any national concensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees.” The legislative

respect to such trusts. Similarly, the bonding requirement does not apply to brokers or other independent contractors who have contracted with trusts for the performance of functions which are normally not carried out by officials or employees of such trusts such as the buying of securities, the performance of other investment functions, or the transportation of funds by armored truck. (c) Employees of a trust in which a labor

meetings shall be published in the Federal Register at least 7 days before the date of the meeting, irrespective of whether a particular meeting will be open to the public. Notice to interested persons shall also be provided in such other reasonable ways as are appropriate under the circumstances, such as press release or letter. Responsibility for preparation of Federal Register and other appropriate notice shall be with the officer

§ 1450.20 Definitions. For purposes of this subpart— Agency means the Federal Mediation and Conciliation Service (FMCS) or means any other agency of the U.S. Government as defined by

of the bale. At least two hooks, each in a separate strap, shall be used. (c) Unitized loads bound by bands or straps may be hoisted by the banding or strapping only if the banding or strapping is suitable for hoisting and is strong enough to support the weight of the load. (d) Additional means of hoisting shall be employed to ensure safe lifting of unitized loads having damaged banding or strapping.

of on-the-record proceedings to unauthorized ex parte communications made to the designated categories of Board agents who participate in the decision, from the stage of the proceeding specified until the issues are finally resolved by the Board for the purposes of that proceeding under prevailing rules and practices: (a) In a pre-election proceeding pursuant to Section 9(c)(1) or 9(e), or in a unit clarification or certification amendment proceeding

and of expiration of any contract in effect covering the unit involved. (i) The name and address of the petitioner, and the name, title, address, telephone number, facsimile number, and email address of the individual who will serve as the representative of the petitioner and accept service of all papers for purposes of the proceeding. (j) A statement that 30 percent or more of the bargaining unit employees covered by an

communication system is operated, serviced, repaired, or tested, the employer shall ensure that: (1) There is no other work in progress aloft; and (2) No employee is closer to the system's antenna or transmitter than the manufacturer's specified safe minimum distance for the type, model, and power of the equipment. (d) The employer shall ensure that no employee enters an area designated as hazardous

§ 1915.89. (2) Drain connections to atmosphere on all of the dead interconnecting systems shall be opened for visual observation of drainage. (3) A warning sign calling attention to the fact that employees are working in the boilers shall be hung in a conspicuous location in the engine room. This sign shall not be removed until it is determined that the work is

) of ERISA, determined without adjustment for age and benefit form. (3) PBGC notice to participant or beneficiary. Before effecting a benefit reduction pursuant to this paragraph, the PBGC will notify the participant or beneficiary in writing of the amount of the net overpayment and of the amount of the reduced benefit computed under this section. (4) Waiver

capabilities, technologies, data management systems, communication systems, and product development systems, and is designed to address regional and national needs for ocean and coastal information, to gather specific data on key ocean, coastal, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data— (A) to the public; (B) to support national defense, search and rescue operations