(b) In deciding whether the amount of a civil money penalty is reasonable, the ALJ— (1) Will apply the factors that are identified in §156.805 for civil money penalties. (2) May consider evidence of record relating to any factor that HHS did not apply in making its initial determination, so long as that factor is identified in this

later than 90 days from the date of the letter denying the fee waiver. (c) Appeals covered by §2105.54(a)(7) may be filed any time after the time limit for responding to the request has passed. (d) Appeals covered by §2105.54(a)(8) should

(a) The Executive Director serves as the administrative and technical head of the Commission staff, directly responsible for managing its day-to-day operations and assuring that Commission operations conform to all applicable Federal laws. (b) The Executive Director is directly responsible to the Commission, works under the general direction of the Chairperson, and assists the Chairperson in carrying out the Commission's organizational

participates in the proceeding. See appendix, 17 CFR 201.60. (b) The fact that the Commission has not identified a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the Act; whether the proceeding is covered will then be an issue for resolution in proceedings on the application. (c) If a proceeding includes

authority under 17 CFR 200.43. (3) Initiation of proceedings for SRO proposed rule changes under 17 CFR 201.700-701, except where made specifically applicable therein. (c) The Commission, upon its determination that to do so would serve the interests of justice and not result in prejudice to the parties to the proceeding, may by order direct, in a particular proceeding, that an alternative procedure shall apply or that compliance with an

Consistent with the Commission's or the hearing officer's other responsibilities, every hearing shall be held and every decision shall be rendered at the earliest possible time in connection with: (a) An application for a temporary sanction, as defined in §201.101(a), or a proceeding to determine whether a temporary sanction should be

(c) If the Senior Agency Official believes the information warrants classification, it shall be sent to the appropriate agency with original classification authority over the subject matter, or to the Information Security Oversight Office, for review and a classification determination. (d) If there is reasonable doubt about the need to classify information, it shall be safeguarded as if it were classified pending a determination by an original classification

American Bureau of Shipping (ABS) or a similar United States classification society, or an agent of the ABS or similar society; sections 4502 and 4506 which require safety equipment and operational stability for certain vessels in the commercial fishing industry; section 6104 which requires the Secretary of Transportation to compile statistics concerning marine casualties compiled from vessel insurers and to delegate that authority to compile statistics from insurers to a qualified person; and section

vessels. Specific applicability statements are provided at the beginning of those regulations. (b) This part does not apply to a small boat or auxiliary craft that is deployed from a fishing industry vessel for the purpose of handling fishing gear. (c) The regulations in this part have preemptive effect over State or local regulations in the same field. [CGD 88-079, 56 FR 40393, Aug. 14, 1991

are exempt from this requirement, provided the maximum charges that might be released in the event of breakage do not exceed 300 pounds. (b) Machinery compartments containing equipment for ammonia shall be fitted with a sprinkler system providing an effective water spray and having a remote control device located outside the compartment. (c) All refrigeration compressor spaces shall be effectively ventilated and drained and shall be

or trapping shall be permitted for reasons of public safety, administration, the protection of nongame species and their habitats, or public use and enjoyment. (b) Notice of Secretarial actionAs soon as practicable after each case in which the Secretary exercises authority under subsection (a), the Secretary, in consultation with appropriate officials of the State of Michigan, shall take steps to notify area residents as to the nature of actions

References in Text Act of April 25, 1947, referred to in text, is act Apr. 25, 1947, ch. 41, 61 Stat. 52, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.

Mar. 3, 1925, ch. 428, §6, 43 Stat. 1113. The words "claim under this chapter" are substituted for "claim on which a libel or cross libel would lie under the provisions of this chapter" to eliminate unnecessary words.

(a) This section applies to a towing vessel not subject to the requirements of 33 CFR 164.72. (b) A towing vessel must carry adequate and up-to-date charts, maps, and nautical publications for the intended voyage, including: (1) Charts, including electronic charts acceptable to the Coast Guard, of appropriate scale to make safe navigation possible. Towing vessels operating on the Western Rivers must

This subpart sets forth specific standards of conduct required of Commission members, employees of the Commission, and special government employees as well as regulations concerning former Commissioners, employees, and special government employees of the Commodity Futures Trading Commission. These rules are separate from and in addition to the Office of Government Ethics' conduct rules, Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part

Discretionary reviews and revisions. The CAP and VAP(s) may be reviewed and revised by the company at any time. The revisions must be submitted to the cognizant OCMI for approval.

the boundaries of Glacier National Park. The aforesaid properties may be acquired from the State of Montana by the Secretary of the Interior for such consideration as he may deem advisable, when the acquisition of such property would, in his judgment, be in the best interests of the United States. References in Text

Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Glacier National Park, saving, however, to the State of Montana the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving, further, to the said State the right to tax

(a) Upon application for any Certificate of Documentation in accordance with subpart K of this part, the owner of a vessel must designate a hailing port to be marked upon the vessel. (b) The hailing port must be a place in the United States included in the U.S. Department of Commerce's Federal Information Processing Standards Publication 55DC. (c) The hailing port must include the State, territory, or

whose setting does not exceed 90% of the tank's relief valve setting and a manual control valve between the pressure reducing valve and the tank; or (2) For an inert gas medium: (i) A safety relief valve with a cross sectional flow area at least equal to that of the pressurizing line and whose relieving pressure does not exceed 90 percent of the tank's relief valve setting; (ii) A manual

the vessel or its operations have occurred which changes the information on the certificate, in which case the Commandant will authorize the cognizant OCMI to reissue the certificate. (b) The route specified on the Certificate of Inspection and the SOLAS Passenger Ship Safety Certificate must agree. (c) A SOLAS Passenger Ship Safety Certificate is issued for a period of not more than 12 months. (d) The

. (e) Oceangoing ships of 500 gross tons or over, as calculated by the International Convention on Tonnage Measurement of Ships, 1969, designed primarily for the carriage of dry cargoes, including roll-on/roll-off ships. (f) Offshore supply vessel inspected under subchapter L of this chapter. (g) Liftboat inspected under subchapter L of this chapter. [CGD

(d) Each penetration of a bulkhead in a machinery space by piping must meet the design requirements for material and pressure in subchapter F of this chapter.

Non-Citizens may not own or control, either directly through the first tier of ownership or in the aggregate through an interest in other entities at various tiers, more than 25% of the interest in an entity which owns a Fishing Industry Vessel. The prohibition against Non-Citizens owning or controlling more than 25%, in the aggregate, of the interest in an entity that owns a Fishing Industry Vessel means, for example, that: (a) Non

(a) No seamen, having a claim specified in subsections (2) and (3) of section 1(a) of 50 U.S.C. App. 1291(a), their surviving dependents and beneficiaries, or their legal representatives shall institute a court action for the enforcement of such claim unless such claim shall have been prepared and filed in accordance with §§327.4 and 327.5 and shall have been

(1) The Contents of Record for Award Determinations, as set forth in §165.10. The record on appeal shall not include any pre-decisional or internal deliberative process materials that are prepared to assist the Commission or the Claims Review Staff in deciding the claim (including staff's draft Preliminary Determination or any Proposed Final Determination or staff's draft final determination

For the purpose of carrying out the provisions of sections 760e to 760g of this title, the Secretary of Commerce is authorized (1) to acquire lands, construct laboratory or other buildings, purchase boats, acquire such other equipment and apparatus, and to employ such officers and employees as he deems necessary; (2) to cooperate or contract with State

(a) Specific requirements for all STCW deck officer endorsements are detailed in the applicable sections in this part. (1) Master on vessels of 3,000 GT or more (management level). (2) Chief mate on vessels of 3,000 GT or more (management level). (3) Officer in charge of a navigational watch (OICNW) of vessels of 500 GT or more (operational level).

Sole and exclusive jurisdiction is assumed by the United States over the territory embraced within the Crater Lake National Park, saving, however, to the State of Oregon the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecution for or on account of rights acquired, obligations incurred, or crimes committed in said State but outside of said park, and saving further to the said State the right to tax