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, such as laws and regulations established for the protection of the environment. Criteria that may be established in future environmental regulations or other requirements to protect the environment will also be used. (b) The environmental criteria to be used in evaluating a license application are applied to all relevant aspects of: (1) The construction, operation, and decommissioning phases of a deepwater port;
§ 155.1135 Response plan development and evaluation criteria. For tankers subject to this subpart, the following response times must be used in determining the on-scene arrival time in Prince William Sound, for the response resources required by
37°48.40′ N 122°47.60′ W 37°56.70′ N 123°03.70′ W 37°55.20′ N 123°04.90′ W 37°47.70′ N 122°48.20′ W (b) A traffic lane for north-westbound traffic is
37°39.10′ N 122°40.40′ W. 37°27.00′ N 122°40.40′ W. 37°27.00′ N 122°43.00′ W. 37°39.10′ N 122°43.00′ W. (b) A traffic lane for northbound traffic is
37°41.90′ N 122°48.00′ W. 37°38.10′ N 122°58.10′ W. 37°36.50′ N 122°57.30′ W. 37°41.10′ N 122°47.20′ W. (b) A traffic lane for south-westbound traffic is
37°45.90′ N 122°38.00′ W. 37°47.00′ N 122°34.30′ W. 37°48.10′ N 122°31.00′ W. (b) A traffic lane for eastbound traffic is established between the separation line and a line connecting the following geographical positions:
§ 675.8 Program participation agreement. To participate in the FWS program, an institution of higher education shall enter into a participation agreement with the Secretary. The agreement provides that, among other things, the institution shall— (a) Use the funds it receives solely for the purposes specified in this part
§ 500.143 Civil money penalty assessment. (a) A civil money penalty may be assessed for each violation of the Act or these regulations. (b) In determining the amount of penalty to be assessed for any violation of the Act or these regulations the Secretary shall consider the type of violation
environment and to suggest general abatement procedures. Safety and health specialists as defined in § 1960.2(s), with experience and/or up-to-date training in occupational safety and health hazard recognition and evaluation are considered as meeting the qualifications of safety and health inspectors. For those working environments where there are less complex hazards, such safety and health
(b) (1) On or before the expiration of the time granted for negotiations, the parties or their counsel may: (i) Submit the proposed agreement to the administrative law judge for his consideration; or (ii) Inform the administrative law judge that agreement cannot be reached. (2) In the event an agreement containing consent findings and
(1) That under the provisions of the law, including these rules and all federal conflict of interest statutes, he is authorized and qualified to represent the particular party in the matter; and (2) That he has read the document; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for extension, modification, or reversal
§ 516.22 Employees engaged in charter activities of carriers pursuant to section 7(n) of the Act. With respect to each employee employed in charter activities for a street, suburban or interurban electric railway or local trolley or motorbus carrier pursuant to section 7(n) of the Act, the employer shall maintain and preserve records containing all the
operations”, the first processing, canning, or packing must take place upon the vessel that is engaged in the physical catching, taking, etc., of the fish. This is made abundantly clear by the legislative history. In Senate Report No. 145, 87th Congress, first session, at page 33, it pointed out: For the same reasons, there was included in section 13(a)(5) as amended by the bill an exemption for the “first processing, canning, or packing” of
public on the development of priorities. It is not intended to create any legal rights with respect to the setting of priorities. (b) Some factors which may be taken into account in setting priorities for regulating potential occupational carcinogens, when such data are available, are: (1) The estimated number of workers exposed; (2) The estimated levels of human exposure;
, or the Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770). (c) Report. The Secretary shall request that the panel submit a report of its evaluation within ninety (90) days after the appointment of the members of the panel. The Secretary shall place a copy of the report in the record of any relevant rulemaking undertaken pursuant to this part and allow an appropriate time for public review and comment. If a panel is
the proceeding for which an award is sought. The application shall show that the applicant has prevailed and identify the position of the Secretary that the applicant alleges was not substantially justified; or, if the applicant has not prevailed, shall show that the Secretary's demand was substantially in excess of the decision of the judge or Commission and was unreasonable when compared with that decision under the facts and circumstances of that case. The application shall also identify the
§ 452.18 Constitutional officers. A constitutional officer refers to a person holding a position identified as an officer by the constitution and bylaws of the labor organization. Thus, for example, a legislative representative of a labor organization who performs no executive functions and whose duties are confined to promoting the interests of members
titles in current labor union practice. Decisions in each case will require a practical judgment. As a general rule, a person will be regarded as being authorized to perform the functions of president if he is the chief or principal executive officer of the labor organization. Similarly, he will be regarded as being authorized to perform the functions of treasurer if he has principal responsibility for control and management of the organization's funds and fiscal operation. A member of any group
§ 458.60 Actionable complaint. If it appears to the District Director that there is a reasonable basis for the complaint, and that no offer of settlement satisfactory to the complainant has been made, he shall refer the matter to the Chief Administrative Law Judge, U.S. Department of Labor, for the issuance of a notice of hearing as set forth in
which a labor organization is interested. This prohibits personnel who are required to be bonded, as explained in § 453.8 from performing any of these acts without being covered by the required bonds. In addition, this provision makes it unlawful for any person with power to do so to delegate or assign the duties of receiving, handling, disbursing, or otherwise exercising custody or control of such funds or property to any person who is not bonded in accordance with the provisions of section 502(a
by: (1) Submitting the debt to Treasury, Financial Management Service, for collection by Administrative Offset and complying with 31 U.S.C. 3716(a) and related regulations, to the extent that collection by administrative offset is not prohibited by statute; (2) Notifying, or making a
§ 1905.20 Notice of hearing. (a) Service. Upon request for a hearing as provided in this part, or upon his own initiative, the Assistant Secretary shall serve, or cause to be served, a reasonable notice of hearing. (b)
such period of time any party has filed written exceptions to the decision. If any timely exception is filed, the hearing examiner shall fix a time for filing any objections to the exception and any supporting reasons. Thereafter, the Assistant Secretary, after consideration of the exceptions and any supporting briefs filed therewith and of any objections to the exceptions and any supporting reasons, may issue a final decision. (2) An initial decision and a
§ 531.5 Making determinations of “fair value.” (a) Procedure. The procedures governing the making of determinations of the “fair value” of board, lodging, or other facilities for defined classes of employees and in defined areas under section 3(m) of the Act shall be the same as that prescribed
bargaining must give certain statutory notices to the Federal Mediation and Conciliation Service (hereinafter “the Service”) before resorting to strike or lockout and before terminating or modifying any existing collective bargaining agreement. Thereafter, the Service will promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be called by the Service for the
§ 1960.90 Operating procedures. (a) The Executive Committee of each council shall meet at least 45 days before the beginning of each calendar year to approve an annual program for the council designed to accomplish the objectives and functions stated in
engagement in activities protected by the Act does not automatically render him immune from discharge or discipline for legitimate reasons, or from adverse action dictated by non-prohibited considerations. See, NLRB v. Dixie Motor Coach Corp., 128 F. 2d 201 (5th Cir., 1942). (b) At the same time, to establish a violation of section 11(c), the employee's engagement in protected activity need not be the sole or primary consideration behind discharge or
§ 2571.9 Decision of the administrative law judge. For section 521 proceedings, this section shall apply in lieu of § 18.57 of this title: (a) Proposed findings of fact, conclusions, and order
§ 102.175 Agency review of the obligation. (a) The Agency official responsible for collection of the debt will consider any evidence submitted by the debtor as a result of the notification required by § 102.174 and notify the
. Any person or organization may request the issuance of a Commissioner charge for an inquiry into individual or systematic discrimination. Such request, with any pertinent information, should be submitted to the nearest District, Field, Area, or Local office. (b) A person who submits data or evidence to the Commission may retain or, on payment of lawfully prescribed costs, procure a copy of transcript thereof, except that a witness may for good cause be limited to