(a) Criteria for holding fact-finding proceeding. The debarring official shall request another OPM official (“presiding official”) to hold an additional fact-finding proceeding if: (1) Facts material to the suspension have not been adjudicated in a prior due process proceeding; and (2) These facts are genuinely in dispute, based on the entire administrative

pads are used, they must not be less than one-fourth inch in thickness, have each corner rounded to a 1 inch minimum radius, and be attached to the tank by continuous fillet welds except for venting provisions. The ultimate shear strength of the bracket to reinforcing pad weld must not exceed 85 percent of the ultimate shear strength of the reinforcing pad to tank weld. [29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended

or overnight courier is complete upon mailing. Service by electronic transmission is complete upon transmission and acknowledgement of receipt. An official receipt for the mailing from the U.S. Postal Service or overnight courier, or a facsimile or other electronic transmission confirmation, constitutes prima facie evidence of service. [45 FR 20413, Mar. 27, 1980, as amended at 73 FR 16567, Mar. 28, 2008; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013

(a) (1) No driver shall use a hand-held mobile telephone while driving a CMV. (2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV. (b) Definitions. For the purpose of this section only, driving means operating a commercial motor

letters at least one-half inch high stating that it is a violation of the Federal Motor Carrier Safety Administration's regulations for a bus to be operated with persons occupying the prohibited area. The requirements of this section shall not apply to any bus being transported in driveaway-towaway operation or to any level of the bus other that the level in which the driver is located nor shall they be construed to prohibit any seated person from occupying permanent seats located in the prohibited

shall be filed not later than the commencement of the hearing. Untimely filings will not be accepted absent a determination by the Presiding Officer that the person making the request has made a substantial showing of good cause for failure to file on time. Any person who files a notice to participate in the proceeding as a nonparty shall be known as a “participant” and shall have the rights specified in

For purposes of this subpart, the following definitions apply: (a) Dynamic automatic suppression system (DASS) means a portion of an air bag system that automatically controls whether or not the air bag deploys during a crash by: (1) Sensing the location of an occupant, moving or still, in relation to the air bag; (2

Administrator's final decision and the reasons for it appears in each completed public file. [60 FR 17268, Apr. 5, 1995]

(a) Emergency discharge control equipment. Emergency discharge control equipment must be installed in a liquid discharge line as specified by product and service in §173.315(n) of this subchapter. The performance and certification requirements for emergency discharge control equipment are specified in

(a) Fixed magazines may be built within a shipboard barge. Freight containers may be used as magazines within a barge. (b) Shipborne barges may be used for the carriage of all types of Class 1 (explosive) materials. When carrying Class 1 (explosive) materials requiring special stowage, the following requirements apply: (1) Class 1 (explosive) materials in compatibility group G or H must be stowed in

(1) An explosive substance or article which has a secondary POISON hazard label must be stowed “separated from” all foodstuffs, except when such materials are stowed in separate closed cargo transport units, the requirements for “away from” segregation apply. (2) An explosive substance or article which has a secondary CORROSIVE hazard label must be stowed “away from” foodstuffs. [Amdt. 176-30

(a) Number. Each camp car that provides a sleeping facility must contain at least one functioning lavatory for a total of one or two occupants and an additional functional lavatory if there is a total of three or four occupants. (b) Water. Each lavatory must be provided with hot and cold potable running water. The water supplied to a lavatory must be from a

(a) This part applies to pipeline operators only with respect to employees located within the territory of the United States, including those employees located within the limits of the “Outer Continental Shelf “ as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (b) This part does not apply to any person for

(3) The State or local requirement is a pipeline safety standard applicable to interstate pipeline facilities. (b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. [Amdt. 199-9

(b) If insulation is a specification requirement, it shall be of sufficient thickness so that the thermal conductance at 60 °F is not more than 0.075 Btu per hour, per square foot, per degree F temperature differential. If exterior heaters are attached to tank, the thickness of the insulation over each heater element may be reduced to one-half that required for the shell. [29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967

(a) Upon receipt of a credible report of a warning system malfunction, a railroad having maintenance responsibility for the warning system shall promptly investigate the report and determine the nature of the malfunction. The railroad shall take appropriate action as required by §234.207. (b) Until repair or correction of the warning

provided for in §230.41, must be kept open at all times.

Mechanical or electric locking or electric circuits shall be installed to prevent signals from displaying aspects which permit conflicting movements except that opposing signals may display an aspect indicating proceed at restricted speed at the same time on a track used for switching movements only, by one train at a time. Manual interlocking in service as of the date of this part at which opposing signals on the same track are permitted simultaneously to display

(c) Each compressor unit in a compressor station must have a shutdown or alarm device that operates in the event of inadequate cooling or lubrication of the unit. (d) Each compressor station gas engine that operates with pressure gas injection must be equipped so that stoppage of the engine automatically shuts off the fuel and vents the engine distribution manifold. (e) Each muffler for a gas engine in a

(3) On pipe 16 inches (406 millimeters) or larger in diameter, the bend may not have a deflection of more than 11⁄2 ° for each wrinkle. (4) On pipe containing a longitudinal weld the longitudinal seam must be as near as practicable to the neutral axis of the bend. [35 FR 13257